Case 1:12-cv-10576-DJC Document 107 Filed 09/24/13 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS WORLDS, INC., Plaintiff, v. ACTIVISION BLIZZARD, INC., BLIZZARD ENTERTAINMENT, INC., and ACTIVISION PUBLISHING, INC., Defendants. Civil Action No. 1:12-CV-10576-DJC JURY TRIAL DEMANDED

WORLDS, INC.S NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT Plaintiff Worlds, Inc. files this Notice of Supplemental Authority to bring to the Courts attention authority that is relevant to Worlds Opposition to Defendants Motion for Summary Judgment (Dkt. No. 89). On September 24, 2013, after the conclusion of the summary judgment briefing, the PTO issued Certificates of Correction for U.S. Patent Nos. 6,219,045 (the 045 patent) and 7,181,690 (the 690 patent), which make clear that the 045 and 690 patents are entitled to a November 13, 1995 effective filing date. See Decl. of R. Caughey, Exs. A and B. The Certificates of Correction are highly significant because they reflect the PTOs recognition that the 045 and 690 patents are entitled to claim priority to Worlds November 13, 1995 provisional patent application. For this reason, the Certificates of Correction moot much of Defendants Motion for Summary Judgment. See Inland Paperboard & Packaging, Inc. v. Sihl GmbH, 2005 WL 1528240, at *1 (S.D. Ind. June 21, 2005) (denying summary judgment because defendants argument for invalidity would be moot if the PTO were to grant certificates of correction). Irrespective of any other issues, the Certificates of Correction apply prospectively to Defendants ongoing infringement. See E.I. DuPont de Nemours v. MacDermid Printing, 525 F.3d 1353, 1362 (Fed. Cir. 2008) (certificates of correction apply prospectively to all future acts

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of infringement, and each act of infringement gives rise to a separate cause of action). Furthermore, Worlds renews its request that the Court promptly schedule the Markman hearing. In light of Defendants Motion for Summary Judgment (which Defendants contended was case-dispositive), the Court postponed the Markman hearing indefinitely. Now that the PTO has issued the Certificates of Correction, this case will go forward regardless of the Courts decision on Defendants Motion. Therefore, Worlds respectfully renews its request to hold the Markman hearing on October 17, 2013, simultaneously with the summary judgment hearing. In the alternative, Worlds respectfully requests that the Court set the Markman hearing for the earliest feasible date.

Dated: September 24, 2013

Respectfully submitted, Worlds, Inc. By its attorneys, /s/ Ryan V. Caughey Max L. Tribble (admitted pro hac vice) mtribble@susmangodfrey.com Brian D. Melton (admitted pro hac vice) bmelton@susmangodfrey.com Chanler Langham (pro hac vice pending) clangham@susmangodfrey.com Ryan Caughey (admitted pro hac vice) rcaughey@susmangodfrey.com SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002 Telephone: (713) 651-9366 Facsimile: (713) 654-6666 Joel R. Leeman (BBO # 292070) jleeman@sunsteinlaw.com Meredith L. Ainbinder (BBO # 661132) mainbinder@sunsteinlaw.com SUNSTEIN KANN MURPHY & TIMBERS LLP 125 Summer Street Boston, MA 02110-1618 Telephone: (617) 443-9292 Facsimile: (617) 443-0004

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Certificate of Service I certify that on the above date, this document was filed through the ECF system and thereupon sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF). /s/ Ryan V. Caughey Ryan V. Caughey

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